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.gov/bookfest. jeffrey to the reports on the relationship which in the obama administration and the u.s. supreme court. the author exam of the recent addition of the four justices in the past five years and how it has affected the court's decisions on the numerous cases including its recent ruling on health care. it's about an hour. [applause] thank you. hello, everybody. so excited to be here in philadelphia. i know that is the usual pandering that goes on by the speakers but in my case it happens to be true. i am not myself from philadelphia, but my dad was at the high school. [applause] depending has just begun. curtis institute. i don't know if we have any more here and he went to temple as well and he taught me that the streets were paved and i have enjoyed my visit ever since. i'm really happy to be talking about the oath. italy cannot today's ago. so far, so good. it's exciting. you work on these books and people like to lead them. it's exciting to the answer, but the start by asking the first question that i know is on your mind, which is who is your favorite justice? [laughter] it's not elena
against the obama administration on the key argument in the case, which was uzbek commerce clause of article one of congress to pass the individual mandate. which says individuals have to get health insurance. and as i sat in court on june 28 and heard chief justice roberts announce his decision in the case, i learned the edge to the question, which was no, it doesn't. the commerce clause does not allow the court, the congress to invoke an individual mandate. but then any decision that stunned many people, but no one more than me, john roberts reached for a subsidiary argument that had only been upended, had only been mentioned in passing in both the supreme court and even the lower courts and he said the individual mandate was a permissible use of taxing power of congress and not the commerce clause, and thus the law would be upheld. subquestion finally anticipate why, why did roberts do that? and i think there were three main reasons. one is, i think you have to take his opinion at face value. eastham thought it was a legitimate use of the taxing power. i think the second and th
be the point that the obama administration defends the defense of marriage act and president romney will defend the constitutionality, but it doesn't seem that social conservative question has a lot of allotted salience in some unlike a presidential debate. so i think other than health care i see much happening. >> i think it will not happen. and here is why. no major national political figure has attacked affirmative action publicly since 1996 or before. it is kind of remarkable. the republicans during the 90s for a while were seen some political profit in attacking affirmative action given the polls. don't do it anymore and the democrats, john kerry and the early 90s, joe lieberman in the early 90s and others said maybe it is time to stop these racial preferences. the democratic leadership council was inching down that road. but that is all gone. i've spoken to republican politicians, why is that? the answer is we get so if we ever raise their voices against affirmative action it is just not worth the cost, not worth the hassle. part of it ironically was an incredibly bitter campaign in calif
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